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U.S. v. FERNANDEZ

No. 13-50131.

743 F.3d 453 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Edward FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 24, 2014.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, Mara Asya Blatt, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Allen Ray Stroder , Law Offices of Allen R. Stroder, Odessa, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and GARZA and SOUTHWICK, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Edward Fernandez ("Fernandez") was convicted of methamphetamine-related offenses. Under the United States Sentencing Guidelines, the sentencing judge assessed two criminal history points for Fernandez's prior sentence of imprisonment. On appeal, Fernandez submits that the district court committed reversible error in assessing two points rather than only one, because his prior sentence did not involve imprisonment. We affirm the district...

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